lwempisi general co ltd others vs national bank of commerce 2018 tzhccomd 75 4 june 2018
The court lacks jurisdiction to determine the application; only the mediator judge is empowered under Rule 37(2).
Source-derived case information.
- Citation
- lwempisi general co ltd others vs national bank of commerce 2018 tzhccomd 75 4 june 2018
- Parties
- Applicant: LWEMPISI GENERAL CO. LTD.; Applicant: CHARLES KAHATANO LWEMPISI; Applicant: JOSEPH ISHENGOMA BYEKWASO; Applicant: RICHARD KWEYAMBA; Applicant: JOSEPH RUGALABAMU; Applicant: GETRUDE CHARLES; Applicant: MBELWA MGANGA CHARLES; Respondent: THE NATIONAL BANK OF COMMERCE
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 4 June 2018
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Jurisdiction
- Outcome
- Application not determined due to lack of jurisdiction.
- Legal Topics
- Jurisdiction, Mediation, Affidavit, Perjury
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LWEMPISI GENERAL CO. LTD.
Applicant
CHARLES KAHATANO LWEMPISI
Applicant
JOSEPH ISHENGOMA BYEKWASO
Applicant
RICHARD KWEYAMBA
Applicant
JOSEPH RUGALABAMU
Applicant
GETRUDE CHARLES
Applicant
MBELWA MGANGA CHARLES
Applicant
THE NATIONAL BANK OF COMMERCE
Respondent
Procedural Posture
Miscellaneous Commercial Application / Ruling on Jurisdiction
Legal Issues
- 1 Whether the court has jurisdiction to determine an application under Rule 37(2)
- 2 Implications of conflicting affidavits
Ratio Decidendi
The court lacks jurisdiction to determine the application; only the mediator judge is empowered under Rule 37(2).
Court Disposition
Application not determined due to lack of jurisdiction.
Orders
- All factual or legal issues to be dealt with by the mediator judge.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) AT MWANZA Miscellaneous Commercial Application No. 01 of 2018 1. LWEMPISI GENERAL CO. LTD. 2. CHARLES KAHATANO LWEMPISI 3. JOSEPH ISHENGOMA BYEKWASO 4. RICHARD KWEYAMBA .................. APPLICANTS 5. JOSEPH RUGALABAMU 6. GETRUDE CHARLES 7. MBELWA MGANGA CHARLES Versus THE NATIONAL BANK OF COMMERCE RESPONDENT RULING 04th June, 2018 A.R. MRUMA, J. I agree with the learned counsel for the parties that under the provisions of Rule 37(2) which is coached in mandatory terms it is only the mediator judge who can. hear and determine an application made under Rule 37(2) of the Rules. • I note that in this Application counsel for the parties have filed affidavit and counter - affidavit regarding their conversations and communications in respect of the calling of the matter for mediation on specific date(s). Interestingly their affidavit and counter-affidavit suggest one thing; that is to say one of them is lying on oath. Lying on oath may amount to perjury u/s 102(1) which punishable under the penal code. It may also attract sanction u/s 22 (b) of the Advocate's Act. However, as I have no jurisdiction to determine this application, all factual or legal issues that may crop up in this application shall be dealt with by the 2uv- A. R. Mruma JUDGE 04/06/2018 2